Town of Charlton, Massachusetts Annual Town Meeting Warrant Election Portion Saturday, May 5, 2018 Town Meeting Business Session Monday, May 21, 2018

Transcription

1 To either of the Constables of the Town of Charlton: Town of Charlton, Massachusetts Annual Town Meeting Warrant Election Portion Saturday, May 5, 2018 Town Meeting Business Session Monday, May 21, 2018 In the County of Worcester, GREETINGS: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify the inhabitants of the Town of Charlton qualified to vote in elections to meet in the Heritage School, Oxford Road in said Charlton on Saturday, May 5, 2018 at eight o'clock in the forenoon when the polls will be opened for the Annual Election of Officers; after action is taken on Article 1 of this warrant to meet again on Monday, May 21, 2018 at seven o clock in the evening at Charlton Middle School, Oxford Road, in said Charlton, for the purpose of taking action on the remaining articles listed on the warrant; that the polls for the Annual Election of officers on Saturday, May 5, 2018 will be closed at eight o clock in the evening and that the remainder of this meeting on Monday, May 21, 2018 will be adjourned at eleven o clock in the evening unless voted otherwise by the registered voters present, and that the articles in this warrant shall be deemed part of the Annual Town Meeting of the Town of Charlton for the Fiscal Year ARTICLE 1. ELECTION To choose two Selectman for three years, one Assessor for three years, one Cemetery Commissioner for three years, one Water and Sewer Commissioner for three years, one Planning Board member for five years, one Planning Board member for 2 years (to fill a vacancy), one Board of Health Member for three years, one Recreation Commissioner for three years, two Trustees of the Free Public Library for three years, one Dudley-Charlton Regional School Committee Member for three years, one Dudley-Charlton Regional School Committee Member for one year, one Southern Worcester County Regional Vocational School District Committee Member for three years, and one Charlton Housing Authority Member for five years. ARTICLE 2. TOWN REPORTS To see if the Town will vote to accept the reports of its officers for the past year, or take any action relative thereto or thereon. ARTICLE 3. LITIGATION To see what action the Town will take in relation to prosecuting and defending actions or suits for and against the Town, or take any action relative thereto or thereon. 1

2 ARTICLE 4. APPROPRIATION OF S FOR UNPAID BILLS OF A PRIOR FISCAL YEAR To see if the Town will vote to raise by taxation, transfer or borrow and appropriate a sum or sums to accounts to be specified at the town meeting for payment of one or more prior fiscal year s bills not paid due to an insufficiency of appropriation or for any other reason, or take any action relative thereto or thereon. ARTICLE 5. INTER/INTRA DEPARTMENTAL TRANSFERS FOR FY18 To see if the Town will vote to transfer and appropriate sums to be specified at the Annual Town Meeting within departmental accounts, from one line item of such accounts to another line item or line items of such accounts, for the fiscal year ending June 30, 2018, or take any action relative thereto or thereon. ARTICLE 6. TOWN BUDGET To see if the Town will vote to raise, borrow or transfer and appropriate such sums of money as may be necessary to defray the expenses of the fiscal year beginning July 1, 2018, and, as provided by General Laws, Chapter 41, Section 108, to fix the salaries and compensation of all elected officers of the Town as set forth in the budget voted under this Article or as separately voted by the Town under other articles of the Warrant for this meeting, or take any action relative thereto or thereon. SPONSOR: FINANCE COMMITTEE ARTICLE 7. WATER DEPARTMENT BUDGET (ENTERPRISE ) To see if the Town will vote to raise by taxation, borrow or transfer from available funds and appropriate to the Water Enterprise Fund, such sums of money as may be necessary, together with revenue from Water Department operations, to defray the expenses of the Water Department for the fiscal year beginning July 1, 2018, or take any action relative thereto or thereon. SPONSOR: WATER & SEWER COMMISSION ARTICLE 8. SEWER DEPARTMENT BUDGET (ENTERPRISE ) To see if the Town will vote to raise by taxation, borrow or transfer from available funds and appropriate to the Sewer Enterprise Fund, such sums of money as may be necessary, together with revenue from Sewer Department operations, to defray the expenses of the Sewer Department for the fiscal year beginning July 1, 2018, or take any action relative thereto or thereon. SPONSOR: WATER & SEWER COMMISSION ARTICLE 9. TRANSFER OF S TO AND FROM STABILIZATION ACCOUNT To see if the Town will vote to add funds to and/or transfer and appropriate sums from the Stabilization Fund Account to an account or accounts to be determined at the Town Meeting, including for purposes of acquiring land in the Town, or take any action relative thereto or thereon. 2

3 ARTICLE 10. CAPITAL ITEMS AND RELATED CONTRACTS To see if the Town will vote to raise by taxation, borrow or transfer from available funds, including so called free cash and funds previously appropriated to other uses, and appropriate a sum or sums to purchase capital items and for service, repair, improvement, architectural, construction, renovation, improvement and/or other contracts relating to town buildings, facilities and other property, and to authorize the Board of Selectmen, Chief Procurement Officer, or other appropriate town official, board, commission or committee to enter into such contracts or leases, and to take other such action, as may be necessary to effectuate the purposes of such votes, or take any action relative thereto or thereon. /VARIOUS DEPARTMENTS ARTICLE 11. CEMETERY PERPETUAL CARE To see if the Town will vote to accept the sum of $12, as trust funds from individual persons, the income from each such sum to be used for the perpetual care of the Charlton cemeteries, or take any action relative thereto or thereon. SPONSOR: CEMETERY COMMISSION ARTICLE 12. POLICE OUTSIDE DETAIL To see if the Town will vote to raise by taxation, borrow or transfer from available funds and appropriate a sum or sums to the Police Outside Detail Account, or take any action relative thereto or thereon. ARTICLE 13. PERSONNEL BYLAW AMENDMENT CLASSIFICATION PLAN UPDATE To see if the Town will vote pursuant to Mass. General Laws, Chapter 41 Section 108A and in accordance with the recommendation of the Personnel Board to amend as follows the portion of its Personnel Bylaw appearing as General Code Classification Plan, Section , as most recently amended by vote under warrant Article 14 of the May 15, 2017 Annual Town Meeting: By adding thereto the following positions to the Grades listed: N5: Facilities Technician N6: Assistant Town Accountant Any such amendment shall become effective immediately upon town meeting vote of approval, provided however: (a) that neither any, particular deletion nor addition approved under this article at the town meeting shall take effect until and unless sufficient funds have been appropriated to fund any increase in compensation which would result from addition as to that, particular position; (b) that any portion of such amendments, if any, as may require collective bargaining shall not become effective until and unless resolution or impasse is reached through good faith bargaining as to same, or take any action relative thereto or thereon. SPONSOR: PERSONNEL BOARD ARTICLE 14. SPECIAL LEGISLATION TO AUTHORIZE BOARD OF SELECTMEN TO APPOINT ALTERNATE CONSERVATION COMMISSION MEMBERS To see if the Town will vote to authorize the Board of Selectmen to file with the General Court a petition for special legislation in the form set forth below authorizing the Board of Selectmen of the Town of 3

4 Charlton to appoint alternate members to the Charlton Conservation Commission; provided, however, that the General Court shall be authorized to make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the General Court, and to authorize the Board of Selectmen to approve amendments which shall be within the scope of the general public objectives of this petition: CHAPTER AN ACT RELATIVE TO THE MEMBERSHIP OF THE CONSERVATION COMMISSION OF THE TOWN OF CHARLTON Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: Section 1. Notwithstanding section 8C of chapter 40 of the General Laws, the board of selectmen of the town of Charlton may appoint 2 alternate members of the conservation commission of the town for staggered terms not to exceed 3 years. The chair of the conservation commission may designate an alternate member to sit on the commission in the case of absence, inability to act or conflict of interest on the part of a member of the commission or, in the event of a vacancy on the conservation commission, until the vacancy is filled in under said section 8C of said chapter 40. Section 2. This act shall take effect upon passage. or take any other action relative thereto or thereon. ARTICLE 15. PERSONNEL BYLAW AMENDMENT PREGNANT WORKERS FAIRNESS ACT To see if the Town will vote pursuant to Mass. General Laws, Chapter 41 Section 108A and in accordance with the recommendation of the Personnel Board to amend the Town s Personnel Bylaw, appearing as General Code Part VI, Chapter 220, by adding thereto a new Section , reading as follows: In accordance withma General Laws Chapter 151B, Section 4, as amended by Chapter 54 of the Acts of 2017, the so-called Massachusetts Pregnant Workers Fairness Act, which became effective April 1, 2018, no one shall discriminate in employment on the basis of pregnancy and pregnancy-related conditions, such as lactation or the need to express breast milk for a nursing child. The statute also describes employers obligations to employees that are pregnant or lactating and the protections these employees are entitled to receive. Generally, employers may not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy-related conditions and have an obligation to reasonably accommodate pregnant workers. This Section, as with all sections of this Bylaw referencing the General Laws, is purely recognitive and informational. It does not create any additional rights or remedies beyond those created by the statute itself., or take any other action relative thereto or thereon. SPONSOR: PERSONNEL BOARD ARTICLE 16. WATER BETTERMENT INTEREST To see if the Town will vote to reimburse interest payments for water betterments committed October 15, 2013, or take any other action relative thereto or thereon. 4

5 ARTICLE 17. S To see if the Town, upon recommendation of the Board of Selectmen, will vote, as authorized by Mass. General Laws Chapter 44, Section 53E ½, to reestablish and/or establish the following Revolving Funds, and to authorize the official, commission, board or committee specified in the first column below to expend funds from the specified account, without further appropriation, provided that the amount to be expended from such account in the fiscal year commencing this coming July 1 shall not exceed the amount set forth in the fourth column unless an additional amount or amounts are recommended by both the Board of Selectmen and the Finance Committee: Revolving Fund WIRE INSPECTOR GAS INSPECTOR PLUMBING INSPECTOR CEMETERY COMMISSION RECREATION COMMISSION Department, Fees, Charges or Board, or Officer Other Receipts Authorized to Credited to Fund Spend from Fund Inspectional Services Inspectional Services Inspectional Services Cemetery Department Recreation Commission Fees charged for the Wire Inspector s services Fees charged for the Gas Inspector s services Fees charged for the Plumbing Inspector s services Program or Activity Payable from Fund Wire Inspector s fee per inspection. Gas Inspector s fee per inspection. Plumbing Inspector s fee per inspection. Interment fee equal to Grave opening fee. cost of grave opening Fees charged to Funds will be used in individuals direct support of the participating in a listed programs for the program, donations following items: and gifts, private supplies for the sponsorship of a programs, contractual program and fees services required to charged for the use of present a program, Recreation facilities administrative expenses required to run the program, repair of equipment used in a program and the repair and maintenance of facilities used for a program Restrictions or Conditions on Expenses Payable from Fund $20,000 at the end of the fiscal $15,000 at the end of the fiscal $15,000 at the end of the fiscal $5,000 at the end of the fiscal $15,000 at the end of the fiscal FIRE DEPARTMENT HAZARDOUS WASTE PLANNING BOARD Fire Chief Planning Board Fees charged for Hazardous waste services and supplies Payments for Hazardous Waste training and for replacement supplies Fees for engineering Payments to engineers review and other and other consultants, consultants as well as as well as advertising $15,000 at the end of the fiscal $20,000 at the end of the fiscal 5

6 advertising and mailing and mailing. RECYCLING Recycling Committee CONSERVATION Conservation COMMISSION- Commission DANIELS/COLBU RN RD BUILDING DEPARTMENT- PERMITTING Inspectional Services Fees from sales of rain barrels and/or compost units Purchase additional rain barrels and/or compost bins. Fees from existing 1) Timber timber products and Improvement wildlife improvement 2) Wildlife Habitat incentive programs. Improvement 3) Ecological Education & Studies 4) Passive Recreation I.E. establish trails / access/ parking 5) Site Evaluation & Planning Fees from online permits ; or take any action relative thereto or thereon. To pay 3% fee charged by online company $1,000 at the end of the fiscal $10,000 at the end of the fiscal $10,000 at the end of the fiscal ARTICLE 18. NEW PUBLIC SAFETY BUILDING COMPLEX- DESIGN AND LAND PURCHASE To see if the Town will authorize the acquisition by purchase, eminent domain or otherwise, of all or a portion of the Masonic Home Property, so-called, for use as the site of a new public safety building, and to see if the Town will appropriate, by borrowing, taxation, transfer from available funds, or otherwise, a sum of money to pay costs of this acquisition, as well as costs of retaining an owner s project manager and paying costs of a feasibility study and schematic design services, including the payment of all costs incidental and related thereto, or take any other action relative thereto or thereon. ARTICLE 19. AUTHORIZE SELECTMEN, FOR AND ON BEHALF OF THE TOWN, TO REPAIR TOWN-OWNED SOUTH CHARLTON RESERVOIR DAM, TO ASSESS BETTERMENTS, ETC. AND TO APPROPRIATE S FOR SAME To see if the Town will vote, pursuant to Chapter 20 of the Acts of 2010 ( the Act ) and any other applicable, legal authority: (a) to authorize the board of selectmen, for and on behalf of the town, subject to appropriation and on such terms as it determines to be in the town s best interests, to repair, reconstruct, maintain and make such improvements to South Charlton Reservoir Dam, which is owned by the Town, as the board deems necessary or advisable, to acquire by gift, purchase, eminent domain or otherwise, any interest, if any, needed in real property appurtenant thereto for those purposes; (b) to authorize said board to accept, and to expend, upon approval of the board of selectmen without further appropriation, grants or gifts, if any, for such purposes in accordance with G.L. c. 44, sec. 53A; ( c) to raise by taxation, borrow or transfer and appropriate a sum for such purposes, to be used in conjunction with such other funds, if any, as 6

7 may be available for same, including any funds from grants or gifts; (d) to approve such board s assessment and apportionment of betterments, in such amounts and on such other terms as it determines, upon properties benefitting from the foregoing, to pay for any or all costs of, or relating to, same, including, without limiting the foregoing, costs of interest, construction, reconstruction, alteration, repair, maintenance, remediation, remodeling, testing, labor, materials, engineering, architectural, financial, appraising, surveying, inspection, feasibility, acquisition, title and attorney fees, labor and materials, liability and other insurance, all in accordance with the Act and with G.L. c. 80 except as otherwise provided by the Act, and with the benefit of all procedures and remedies provided in the Act, G.L. c. 80 and any other general laws of the Commonwealth concerning betterments and taxation, and user and other fees and special assessments to fund same; (e) to authorize such board, as allowed by G.L. c. 80, sec. 12 if town meeting so approves, to defer recording the required information for betterments until the project is completed, assessments made and bills issued, such bills only to issue for those properties where the assessment has not been paid in full within the 30 days period for payment without incurring interest; (f) to approve, as permitted by G.L. c. 80, sec. 13, a rate equal to 2% above the rate of interest chargeable to the town on any borrowing for the betterment project to which the assessments relate, from the thirtieth day after assessments have been committed to the collector, as opposed to the otherwise applicable rate of 5% per annum; (g) to determine, if by law a town meeting must do so, the assessment method(s) and percentage costs to be assessed for the purposes set forth above; and (h) to authorize said board to enter into contracts and other agreements and take such other actions as may be necessary or advisable to effectuate the aforementioned purposes; or take any action relative thereto or thereon. ARTICLE 20. GENERAL BYLAW AMENDMENT EASEMENTS TO PUBLIC UTILITIES To see if the Town will vote to amend its General Bylaws, Chapter 20 Contracts and Purchasing, as most recently amended by vote under Article 18 of the May 2017 annual town meeting, by adding the text set forth in bold font below (to appear in regular font in the Bylaws themselves): Signing of Deeds, Contracts, Etc. Requiring Notarization/Recording All deeds, conveyances, leases, discharges of mortgages, bonds, agreements, contracts or other instruments, which shall be given by the Town and which by law in order to be valid must be sealed or notarized and acknowledged in addition to being signed, unless otherwise provided by law or by vote of Town Meeting shall be signed and acknowledged by a majority of a quorum of the Board or by the Procurement Officer on behalf of the Town, provided that in the case of any such instrument to be recorded at a registry of deeds a majority of the Board must sign same unless a majority of a quorum votes to authorize the Procurement Officer or another town official, board or commission to do so and a certificate of such vote is recorded along with the instrument. The board of selectmen is hereby vested with authority to convey to public utilities such easements as in its opinion are deemed necessary or appropriate in the best interest of the town, and to sign any deeds or other instruments required to make such conveyances. The provisions with respect to 20-9, immediately below, with respect to other town boards, commissions and committees, shall apply to such easements, deeds and instruments as well Contracts by Other Town Boards, Commissions, Committees If the Procurement Officer has handled the procurement process and has confirmed in writing, in advance, that a contract, lease or other agreement in the Procurement Officer s opinion satisfies all legal 7

8 requirements, or has approved any conveyance of an easement to a public utility and a deed therefor, another town board, commission or committee, provided it has legal responsibility for and authority with respect to the subject matter of the contract, deed, lease or agreement (for example, the water and sewer commission for water and sewer contracts), may on behalf of the Town enter into and sign same. In which case the provisions above with respect to the Board of Selectmen, such as voting approval and signing, shall apply to such other board, commission or committee in all respects rather than to the Board., or take any action relative thereto or thereon. ARTICLE 21. EASEMENT TO NATIONAL GRID/MASS.ELECTRIC & VERIZON FOR ANCHOR AND GUY, UNION CEMETERY, STURBRIDGE RD., RTE. 20. To see if the Town will vote: (a) to authorize the board of selectmen, for and on behalf of the Town and upon such terms and conditions as the board deems to be in the best interest of the Town, to convey to the Massachusetts Electric Company and/or National Grid, and to Verizon New England Inc., a perpetual easement to install, construct, reconstruct, repair, replace, add to, maintain and operate for the transmission of electric current and intelligence an anchor and guy and all necessary equipment and appurtenances, in, on and through land located on the southerly side of Sturbridge Road a/k/a Route 20 and (b) to authorize such board to take any and all action necessary for the purpose of effectuating the foregoing vote, or take any action relative thereto or thereon. SPONSOR: CEMETERY COMMISSION ARTICLE 22. EASEMENTS TO NATIONAL GRID/MASS.ELECTRIC & OTHER UTILITIES FOR UNDERGROUND & ABOVE GROUND SYSTEM FOR NEW CELL TOWER AT POLICE STATION, 85 MASONIC HOME RD. To see if the Town will vote: (a) to authorize the board of selectmen, for and on behalf of the Town and upon such terms and conditions as the board deems to be in the best interest of the Town, to convey to the Massachusetts Electric Company and/or National Grid, and to such other utilities, if any, as may be necessary or advisable to support or service a cell tower, a perpetual easement to install, construct, reconstruct, repair, replace, add to, maintain and operate for the transmission of electric current and intelligence an underground and above ground system and all necessary equipment, facilities and appurtenances, in, under, on and through land located on the easterly side of Masonic Home Road, known as 85 Masonic Home Road, where the Charlton police station is presently located and (b) to authorize such board to take any and all action necessary for the purpose of effectuating the foregoing vote, or take any action relative thereto or thereon. ARTICLE 23. ACQUISITION OF EASEMENTS NEEDED FOR POTTER VILLAGE ROAD BRIDGE REPAIR, RECONSTRUCTION, ETC. To see if the Town will vote: (1) to acquire by gift, purchase and/or eminent domain taking, easements at and adjoining 73 and 78 Potter Village Rd. from the owners of those properties, believed to be 73 Potter Village Road LLC, and Daniel Menzone and Melissa Menzone, respectively, such easements to be substantially as shown on a plan by Laprad Land Surveying entitled Plan of Easements to Be Owned by the Town of Charlton Potter Village Road over Stearns Brook, Beach Road & Lelandville Road Charlton, 8

9 Massachusetts, to be recorded in Worcester District Registry Of Deeds ( the Plan ), a copy of said plan being on file in the office of the Town Clerk, for bridge repair, street, utility and drainage purposes, including the right to pass and repass on foot and with vehicles and the right to pave, maintain, repair, reconstruct and replace, drain and to conduct activities needed for improvement, construction, operation, reconstruction and replacement of Potter Village Road and the bridge located thereon or a part thereof and all related facilities, for which funds were appropriated by vote under Article 6 of the warrant for the October 16, 2017 special town meeting; (2) to authorize the Board of Selectmen and Chief Procurement Officer, or either of them, to contract for or accept any federal or state or other funds available for such purposes and to enter into any other contracts for this project; (3) to authorize the Selectmen in the name and on behalf of the Town to purchase and/or take by eminent domain such land or interests therein as may be necessary or advisable for such purposes and to accept such deed or deeds of easement and other instruments as the Selectmen deem advisable to accomplish such acceptance; and (4) to authorize the Board of Selectmen and Chief Procurement Officer, or either of them, to take any and all other action as they deem necessary or advisable to effectuate the purposes of the foregoing vote; or take any action relative thereto or thereon. ARTICLE 24. VOTE PURSUANT TO MGL CHAPTER 41, SECTION 110A, TO ALLOW CLOSED OFFICE HOURS ON SATURDAY To see if the Town will vote pursuant to MA General Laws Chapter 41, Section 110A, as amended, to allow any public office to remain closed on any or all Saturdays as may be determined from time to time, in which case the provisions of MA General Laws, Chapter 4, Section 9 (which specify that when the day or last day for performance of any act, including making of any payment or tender of payment, authorized or required by statute or by contract, falls on a Sunday or a legal holiday, such act, unless specifically authorized or required to be performed on a Sunday or on a legal holiday, may be performed on the next succeeding business day) shall apply to the same extent as if such Saturday were a legal holiday, or take any other action relative thereto or thereon. SPONSOR: TOWN CLERK ARTICLE 25. LOCAL OPTION EXCISE ON RETAIL MARIJUANA SALES To see if the Town will vote to accept MGL Chapter 64N, Section 3 to impose an excise on retail sales of marijuana for adult use at the rate of 3 percent, or take any action relative thereto or thereon. ARTICLE 26. ACCEPTANCE OF BLACKWELL DRIVE, FORMERLY KNOWN AS ELAINE DRIVE To see if the Town will vote (1) to accept as a public way Blackwell Drive, formally known as Elaine Drive as shown on a plan entitled Dresser Hills Definitive Subdivision Modification Flexible Development, located in Charlton, Massachusetts dated June 3, 2005, James B. Kalloch, P.L.S. & P.E. Engineer/Surveyor, recorded with the Worcester District Registry of Deeds in Plan Book: 835, Plan: 72, a copy of said plan being on file in the office of the Town Clerk, and (2) to authorize the Selectmen, in the name and on behalf of the Town, to accept such deeds of easement or fee for public way purposes and other instruments as the Selectmen shall deem advisable to accomplish such acceptance, or take any action relative thereto or thereon. SPONSOR: OWNER- BLAIR ENTERPRISES, INC. 9

10 ************************************************************************************* No vote shall be taken on any motion relating to Articles 27 thru 30 below until the Planning Board has submitted a report with recommendations thereon to the Town Meeting, if 21 days have not elapsed since the public hearing before the Planning Board was held on the proposed amendment to the Zoning By-law set forth in said Article. (Gen. Laws Chapter 40A, Section 5, paragraph 3). ************************************************************************************** ARTICLE 27. ZONING BYLAW AMENDMENT FOR MARIJUANA ESTABLISHMENTS To see if the Town will vote to amend the Use Regulation Schedule of the Charlton Zoning Bylaw, Section (5), Business Uses, by adding a new subsection (z), Marijuana Establishments, in order to specify whether various recreational marijuana uses are allowed or not allowed in each zoning district, and to adopt a new section , Marijuana Establishments, in order to specify standards and conditions for approving such uses in the Town; or take any action relative thereto or thereon. SPONSOR: PLANNING BOARD ARTICLE 28. PROPOSED MORATORIUM NON-MUNICIPAL LARGE SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC INSTALLATIONS BOARD OF SELECTMEN ARTICLE To see if the Town will vote to amend the Charlton Zoning By-laws by adding an additional Section 5.21 such Section to be entitled Temporary Moratorium on the Construction of Large Scale Ground Mounted Solar Photovoltaic Installations and to read as follows: A. Purpose: (1) Based on a March, 2018 Solar Farm Report prepared at the request of and presented to the Charlton Board of Selectmen by the Charlton Building Inspector, the Town of Charlton currently has 20 Large Scale Ground Mounted Solar Photovoltaic Energy Installations, plus an additional five in the permitting stage. Charlton alone has over 50MW of solar power either completed, approved or proposed. (2) In December, 2014, the DOER released Model Zoning for the Regulation of Solar Energy Installations. The model zoning documents were prepared to assist Massachusetts cities and towns in establishing reasonable standards to facilitate and regulate development of solar energy installations. Charlton has yet to develop zoning specific requirements as to such Installations, as defined in Section , other than the requirement of site plan review in all zoning districts set forth in Section Use Regulation B6(t), and the town has experienced exponential growth of solar arrays. Therefore, there is an immediate, identified need to protect the interests of the town and its citizens by establishing longterm zoning bylaw standards and provisions to ensure that such uses and development will be consistent with the Town's long-term planning interests and Master Plan. It is crucial that the Town act now to establish a temporary moratorium on the use of land and the construction of structures related to such Large Scale Ground Mounted Solar Photovoltaic Installations and the issuance of building permits in connection with same. B. Temporary Moratorium: (1) Notwithstanding any other provision in the Town of Charlton Zoning Bylaw to the contrary, no building permit may be issued for the construction of any Large Scale Ground-Mounted Solar Photovoltaic Installation until adjournment of the business portion of the May 2019 annual town 10

11 meeting. The purpose of this moratorium is to allow sufficient time to engage in a planning process to address the effects of such structures and uses in the town and to enact bylaws in a manner consistent with sound land use planning goals and objectives. To the maximum extent legally permissible the Planning Board shall not accept any further application for a Large Scale Solar Photovoltaic Energy System during the aforementioned moratorium period, and were it legally required to do so any facility proposed in such an application shall the governed by the provisions of the Charlton Zoning Bylaw as amended before the moratorium period (including any extensions of same, if any) expires. (2) For purposes of this Bylaw Large Scale Solar Photovoltaic Energy System shall be as defined in Section of the Charlton Zoning Bylaws, namely, as a solar photovoltaic system that is structurally mounted on the ground and is not roof mounted and has a minimum nameplate capacity of 250 kw DC. If any provision of this bylaw amendment shall be deemed illegal or unenforceable, such provision shall not affect any other provision hereof, all of which shall remain in full force and effect. ; and to further vote to authorize the Board of Selectmen to form an advisory committee to research and study the subject of Large Scale Ground Mounted Solar Photovoltaic Installations as such relate to or may affect the Town of Charlton and its citizens and during the moratorium period to provide pertinent information and input from the community and other interested parties to the Planning Board at its public hearings on any possible zoning bylaws relating to such Installations; or take any action relative thereto or thereon. ARTICLE 29. CITIZEN PETITION PROPOSED MORATORIUM NON-MUNICIPAL LARGE SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC SYSTEMS To see if the Town will vote to amend the Charlton Zoning By-laws by adopting a Temporary Moratorium on the Construction of Large Scale Ground Mounted Solar Photovoltaic Systems, to provide as follows: Purpose: Based on a March, 2018 Solar Farm Report presented to the Charlton Board of Selectmen, the Town of Charlton currently has 20 large scale ground mounted solar photovoltaic energy systems, plus an additional five in the permitting stage. The state DOER (Department of Energy Resources) has a statewide solar goal of 400 MW by the year 2020 and the state of Massachusetts has 351 cities and towns. Charlton alone has over 77MW of solar power. In December, 2014, the DOER released Model Zoning for the Regulation of Solar Energy Systems. The model zoning documents were prepared to assist Massachusetts cities and town in establishing reasonable standards to facilitate development of solar energy systems. Charlton has yet to develop zoning specific requirements and the town has experienced expediential growth of solar arrays, therefore, there is an immediate identified need to protect residential neighborhoods, (R40) by establishing long-term zoning regulations to ensure that such uses and development will be consistent with the Town's long-term planning interests and Master Plan. It is crucial that the Town act now to establish a temporary moratorium on the use of land and the construction of structures related to such 11

12 large scale solar photovoltaic energy systems and the issuance of building permits in connection with same. Temporary Moratorium: Notwithstanding any other provision in the Town of Charlton Zoning Bylaw to the contrary, no building permit may be issued for the construction of any large scale ground-mounted solar photovoltaic installation, until the May 2019 town meeting, unless such facility is to be developed with the direct involvement of the Town of Charlton in the actual development of same, either as the property owner or as the consumer of the power to be generated. The purpose of this moratorium is to allow sufficient time to engage in a planning process to address the effects of such structures and uses in the town and to enact bylaws in a manner consistent with sound land use planning goals and objectives. Large Scale Solar Photovoltaic Energy System as defined by Charlton s Zoning Bylaws under section 2 (Definitions), as a solar photovoltaic system that is structurally mounted on the ground and is not roof mounted and has a minimum nameplate capacity of 250 kw DC. or take any action related thereto. SPONSOR: CITIZEN PETITION ARTICLE 30. CITIZEN PETITION Amend the Town of Charlton Zoning Map by rezoning approximately 210 acres owned by Iris Jennings and GAIR LLC, located on the southerly side of Brookfield Rd, to include 10 parcels as listed on the Assessor Map as 15-B-9.18, 15-B-6, 15-B-5, 15-B-4, 15-B-4.1, 15-B-4.2, 29-A-9, 29-A-8, 29-A-6 AND 29-A-3, from Agriculture (A) to Community Business (CB). SPONSOR: CITIZEN PETITION [see attached map] 12

13 * * * * * And you are directed to serve this Warrant by posting attested copies thereof, one at each of the Post Offices, one in Dexter Memorial Hall and one in the Charlton Municipal Offices (George C. McKinstry, III Building) in said Town, seven days at least before the time and place of holding meeting. Hereof, fail not, and make due returns of the Warrant with your doings thereon to the Town Clerk at the time and place of holding meeting. Given under our hands this 24th day of April in the Year of Our Lord Two Thousand and Eighteen (2018). Board of Selectmen: Joseph J. Szafarowicz, Chairperson Deborah B. Noble, Clerk John P. McGrath, Vice-Chairperson David M. Singer, Member Frederick C. Swensen, Member A true copy: Attest: Posted as directed: Constable/Police Officer of Charlton, Massachusetts 13

14 STURBRIDGE JENNINGS DRIVE BROOKFIELD ROAD 15-B-4 15-B B-5 15-B B-6 15-B A-9 29-A-8 A 29-A-6 BOND SAWMILL ROAD 29-A-3 5 Produced by the One Mercantile Street, Suite 520 Worcester, MA Date: 3/21/2018 LEGEND Proposed Parcels to Re-zone to CB Agriculture Zoning Path: H:\Projects\O_Charlton_GIS\Subprojects\m054_misc_2018\m054_zone_petition_AtoCB_8_5x11.mxd Proposed Re-zoning from Agriculture (A) to Community Business (CB) Town of Charlton, MA Miles 1 inch = 0.14 miles 90 Source Data: Town of Charlton, CMRPC, massdot, MassGIS. Information depicted on this map is for planning purposes only. This information is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analysis.